Moses & Singer LLP

M&S Attorneys Defeat Motion To Dismiss Client's Wage-Related Claims

July 29, 2019

Kimberly Klein and Daniel A. Hoffman were recently part of a Moses & Singer Litigation team that defeated a motion to dismiss our client’s claims after the defendants terminated our client, a high-level C-suite employee, and refused to pay him under his employment agreement.  In its decision, the Court determined that our client’s incentive compensation was non-discretionary and could constitute earned wages warranting damages under the New York Labor Law.  The Court also ruled that the individual defendant, who is the CEO of the corporate defendant, may be an employer under the New York Labor Law and that the corporate defendant’s failure to pay our client the second half of a promised retention bonus may constitute a breach of good faith and fair dealing.  (Fischkoff v. Iovance Biotherapeutics, Inc. et al, No. 17 Civ. 5041 (AT) (GWG), 2018 BL 240813, 2018 WL 4574890 (S.D.N.Y. July 05, 2018)

 

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